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Judgment
Kuldip Singh, J. (Oral)
Heard.
Impugned in the present revision is the order dated 6.8.2016, passed by learned Civil Judge (Junior Division), Gurgaon vide which application filed by
the plaintiff under Order XXVI Rule 9 CPC 1908 for appointment of Local Commissioner to ascertain the actual affairs of the street (Gali) in dispute
was dismissed.
It comes out that the order refusing appointment of Local Commissioner is not a revisable order.
Learned counsel for the petitioner has placed reliance on the authority of this Court in Kishan Dass @ Krishan Dass and another vs. Bhikham Singh,
2016 (3) RCR (Civil) 651. In the said case, the dispute was regarding demarcation. Therefore, the appointment of Local Commissioner was found
justified. In the present case, petitioner merely wants to ascertain the actual affairs of the street (Gali) in dispute. This can be easily done by him by
getting the site inspected from the Draftsman, preparation of site plan and producing/proving the same in the Court in accordance with law. There is
no ground to interfere in the discretion exercised by the trial Court refusing the appointment of Local Commissioner.
Resultantly, the present revision petition stands dismissed. Since the main case has been dismissed, therefore, the pending CM, if any, also stands
disposed of.